# In the matter of Unimark Remedies Ltd. IA-294-2022 in CP(IB)-197-MB-2018

> NCLT judgment dated 2023-04-17. Citation: TCN-2023-NCLT-03769. Alkush Hospitality, a service provider, filed an application seeking direction to the…

- **Court:** NCLT
- **Order date:** 17 Apr 2023
- **Citation:** TCN-2023-NCLT-03769
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/unimark-remedies-ltd-ia-294-2022-in-cpib-197-mb-2018-735c9c95

## Summary

### Background

Alkush Hospitality, a service provider, filed an application seeking direction to the Resolution Professional to pay dues of Rs.7,39,708 for services provided to Unimark Remedies Ltd. during the CIRP period. Alkush Hospitality provided canteen services to Unimark Remedies from February 2016 under a service contract, renewed in January 2018. CIRP of Unimark Remedies commenced on April 3, 2018, initiated by ICICI Bank. Amit Gupta was appointed as IRP. Alkush Hospitality continued providing services beyond the contract period until March 2020. Despite reminders, the Resolution Professional did not pay the outstanding balance.

## Facts

Alkush Hospitality provided canteen services to Unimark Remedies Ltd. from February 2016 under a service contract. The contract was renewed on January 29, 2018, for a period until January 31, 2019. CIRP of Unimark Remedies Ltd. commenced on April 3, 2018, initiated by ICICI Bank. Amit Gupta was appointed as the IRP. Alkush Hospitality continued providing services until March 2020. The outstanding amount claimed by Alkush Hospitality was Rs.7,39,708. The Resolution Professional made some 'on account' payments. The Resolution Professional stated that Rs.7,76,970 was outstanding prior to CIRP, and Rs.4,37,190 was paid towards this. The Resolution Professional considered Rs.3,99,928 as CIRP costs, already included in the Resolution Plan approved by the CoC with 72.25%

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## Issues and analysis

### Issue 1: Whether the amount claimed by the Applicant …

**Ratio:** CIRP costs are prioritized in the Resolution

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**Reasoning:** The Tribunal found that only Rs.3,99,928 of the claimed amount fell under CIRP costs, and

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**Interpretation:** CIRP costs are expenses directly related to the CIRP process and are given

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**Application:** The Tribunal determined that only a portion of the claimed amount constituted

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## Parties

- **Judges:** Prabhat…; KISHORE VEMULAPALL…
- **Appellants:** Alkush Hosp…
- **Respondents:** Unimark Remedies…; Amit G…

## Timeline

- **2016-02-01 — Service Co…**: Alkush Hospitality started providing canteen services to Unimark Remedies Ltd. under a…
- **2018-01-29 — Contract R…**: The service contract between Alkush…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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